Applicable from 1st April 2023,
These General Terms and Conditions of Sale (“GTC”) are concluded by and between, on the one hand, the company ORECA SAS, with a share capital of 3 655 300 euros, registered with the Registre du Commerce et des Sociétés of Toulon (France) under number 302 045 794, whose registered office is at Parc d’activités du Plateau de Signes, 83870 Signes, (“ORECA”), and on the other hand, any natural or legal person making a purchase via its websites (“Websites”) https://en.oreca-store.com (“Website OS”) and https://pro.oreca.com or by any other means (“Customer”). The Customer declares to be of legal age or hold parental permission, and to have the legal capacity to enter into contracts, allowing him or her to place an order on the Websites or by any other available means.
For any questions regarding an online or in-store purchase, the Customer Relations Centre (“Customer Service”) can be contacted:
- At +33 (0)4 94 88 57 94 from 9:00 AM to 6:00 PM, Monday through Friday and, from 9:00 AM to 12:00 PM and 2:00 PM to 6:00 PM, with the exception of public holidays,
- From the “My account” section available on the Websites,
- in writing by email to commercial_info@oreca.fr,
- by mail : ORECA Store - BP 706 - 83030 Toulon Cedex 09.
The parties agree that their relationship will be governed exclusively by these GTC which are available on the Websites at the time of the validation of the order and prevail on any other condition such as the CGS of the Customer. ORECA reserves the right to modify at any time the hereby GTC by publishing a new version on the Website.
I. ORDER
1.1 The order validation implies acceptance without restriction or condition of these GTC.
1.2 The Customer receives an acknowledgement of receipt as confirmation of the order which will be sent by email.
1.3 Pursuant to article L. 122-1 of the French Consumer Code, ORECA may refuse the order if it is abnormal, made in bad faith or for any other legitimate reason, including without limitation, in case of a claim or dispute with the Customer regarding the payment of a previous order.
II. PRICE
2.1 The sales prices of the products are the prices indicated on the Websites on the purchase date. The validity period of the offers and prices is determined by the updating of the Website.
2.2 The prices indicated on the Websites are subject to change without prior notice. ORECA shall not be held liable for such change in particular in case of change in the VAT rate or in case of manifest error on the price, the product or the discount.
2.3 Prices are expressed in euros tax included (“VAT”), French VAT, excluding shipping costs and custom fees (“Ex Works”), all other currencies are displayed as an indication. Therefore, the payment is made in euros and any additional costs related to currency fluctuations and banking operations are entirely at the Customer's expense. The telecommunication costs inherent to the access of the Website remain the exclusive responsibility of the Customer.
III. PRODUCTS MODIFICATIONS
3.1 The visuals, technical specifications and photos displayed in our commercial documentation and Websites are not binding and are given for illustrative purposes only. They are subject to change without prior notice.
3.2 The deletion or modification made by ORECA’s suppliers to products ordered by the Customer allows ORECA to cancel the order placed by a Customer without the Customer’s consent, unless such Customer agrees to modify the order to which the Customer agrees.
IV. RISKS
4.1 ORECA draws the Customer’s attention to the fact that products intended to adapt vehicles for competition may have such characteristics so that the use of such vehicles may :
• be prohibited on roads open to public traffic,
• invalid manufacturer’s original warranty of the vehicle on which such items are fitted, and
• invalid insurance guarantees insofar as they modify the characteristics of such vehicles described in the protocol report issued by the service des mines : noise, pollution, maximum speed, tyre dimensions, etc.
Furthermore, all products sold by ORECA are intended for motorsport practice and competition, and as such are not subject to any specific contractual guarantee because of their specific conditions of use.
4.2 In consideration of the technical nature of the products sold by ORECA, we strongly recommend to ask for automotive mechanic professional in order to ensure they are fitted according to the state of the art and, where necessary, in compliance with current technical and sport regulations.
V. DELIVERY TIME
5.1 The Customer selects one of the delivery modes proposed on the Websites in the course of the ordering process. The Customer shall be the sole responsible in case of a failure to deliver due to an error in the address of delivery.
5.2 Delivery costs depend on the amount of the order and the delivery mode chosen by the Customer. They are indicated to the Customer before the order confirmation.
5.3 ORECA commits to deliver the products within 4 (four) months from the date of order, subject to due completion by our provider of the ordered products by our supplier. The Customer receives confirmation of the dispatch of the order by email. Delivery terms are expressed in working days. Delivery times are given as an indication only, and do not constitute a commitment on the part of ORECA.
5.4 If case delivery time exceeds 4 (four) months, the Customer may request the cancellation of the order and claim reimbursement by contacting and sending an unambiguous statement to the Customer Service. 5.5 Upon receipt of the order at the destination, it is the Customer's responsibility to check the condition of the packaging and the products in the presence of the carrier to ensure that there is no damage. In case of anomaly (damaged packaging, missing, damaged or broken products), it is up to the Customer to issue the necessary reserves and claims, or even to refuse the package containing the order when it is obviously damaged upon delivery. Moreover, the Customer will have a period of 3 (three) working days to notify ORECA via the claim form on the Site with a photo to show the anomaly. Failure to report within the above time limit will extinguish any claim.
5.5 Delivery, customs and return costs will be charged to the Customer even in case of refusal to accept the order, with the exception of cases of refusal for damaged packages.
VI. RETURNS
6.1 The Customer acting as a Consumer in accordance with the article L.221-18 of the French Consumer Code, shall have a period of 14 (fourteen) calendar days from the date of delivery of the ordered products to exercise his or her withdrawal right. The Customer shall send to Customer Service either by the claim form available on the Website or by an unequivocal notification, expressing its willingness to retract according to the model below. Return fees shall be borne by the Customer.
For the attention of Customer Service
BP 706
83030 Toulon Cedex
commercial_OS@oreca.fr
Dear Madam, Sir,
I hereby notify herewith the withdrawal from the contract for the sale below:
• Order’s number (mentioned under the section « My account » of the shop):
• Returned Product:
• Ordered the / Received the:
• Name of the customer:
• Email address of the customer:
• Postal address:
Date and Signature
6.2 ORECA offers the possibility to the Customer to return the ordered products for a refund, within 30 (thirty) calendar days from the delivery date, provided that the returned products are in a new, undamaged condition and in their original packaging. If these conditions are not respected, that the product has been used or that the deadline has not been respected, then no refund will be made. Beyond this period, no product will be refunded. The customer will be responsible for the entire cost of returning the products ordered.
6.3 Nonetheless, no return provided by the articles 6.1 and 6.2 shall be accepted in the case of specific order regarding products which are not in stock and are the result of a specific order and/or are custom made.
6.4 The returns must be followed by the merchandise authorization number received from the Customer Service on the day of the claim. The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. Any return not stating or not ascertaining the return merchandize number shall not be treated by our services and will be available for pick up from our warehouse.
6.5 If the product is not returned in its original condition with its packaging, ORECA reserves the right to retain a minimum of 20% of the price of said products for storage, packing or/and reconditioning. Furthermore, for the returns provided for in article 6.2, ORCA reserves the right to refuse the refund if the products are not returned in their original condition. In this case, if the Customer wishes to recover the said products, they will have to pay the return costs.
VII. GUARANTEE
7.1 The consumer has a period of two years from the delivery of the product to obtain the implementation of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the defect of conformity and not the date of its occurrence.
7.2 The legal guarantee of conformity entails the obligation for the professional, if applicable, to provide all updates necessary to maintain the conformity of the product.
7.3 The legal guarantee of conformity gives the consumer the right to repair or replace the product within thirty days of his request, without charge and without major inconvenience to him.
7.4 If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from an extension of six months of the initial guarantee.
7.5 If the consumer requests the repair of the product, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the product.
7.6 The consumer may obtain a reduction in the purchase price by keeping the product or terminate the contract by obtaining a full refund in exchange for the return of the product, if: 1° The professional refuses to repair or replace the product; 2° The repair or replacement of the product occurs after a period of thirty days; 3° The repair or replacement of the product causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming product, or if he bears the cost of installing the repaired or replacement product; 4° The non-conformity of the product persists despite the seller's attempt to bring the product into conformity, which has remained unsuccessful.
7.7 The consumer is also entitled to a reduction in the price of the product or to termination of the contract if the defect in conformity is so severe as to justify immediate reduction in price or termination of the contract. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
7.8 The consumer is not entitled to terminate the sale if the lack of conformity is minor.
7.9 Any period of immobilization of the product for the purpose of its repair or replacement suspends the guarantee that remained until the delivery of the repaired product.
7.10 The rights above mentioned result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
7.11A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
7.12 A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
VIII. PAYMENTS AND DUE DATES
8.1 The products are payable in cash at the time of the order.
8.2 Means of payment accepted are credit card, PayPal and “E-Carte Cadeau”.
8.3 For Consumers, domiciled in Metropolitan France, Corsica or DOM (overseas department), the order payment may be made in 3 (three) or 4 (four) instalments with our partner ONEY under the conditions listed on the Website. Only French Bank Cards covering the duration of the financing (excluding Maestro, Electro and American Express) are accepted.
8.4 Orders are shipped once payment is cleared. In the case that the payment is not possible, the order shall be immediately terminated as of right.
8.5 Any amount paid by the Customer at the time of order shall be considered by the parties as a deposit.
8.6 If on a commercial basis, the Customer will receive a credit electronically. The latter issued will be usable from the next order performed by telephone only. This credit has a limited period of 12 (twelve) months as from the issue date. The credit is personal and non-transferable.
8.7 In case of late payment, the Customer shall be charged interests calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 (ten) percentage points as well as a lump sum per invoice for recovery costs of 40 euros.
8.8 In the event of non-payment, ORECA shall be entitled to request the Customer to pay damages in the amount of 15% of the total amount included taxes of the debt, with a minimum amount of 300 (three hundred) euros per debt regardless of the amount of the actual loss suffered.
8.9 Special terms and conditions of payment agreed between the parties, shall become null and void in the event of a delay in payment, may it be partial.
8.10 In order to secure the Customer’s means of payment, ORECA may request all supporting documents (regarding the identity and/or residence and/or means of payment used) or require a payment by wire transfer. The failure or refusal to send the requested supporting documents or to pay by wire transfer may lead ORECA to refuse the Customer’s order. Any delay in sending the requested supporting documents or the wire transfer receipt to ORECA may delay the transportation and delivery of the ordered products.
IX. GIFT CARD “E-CARTE CADEAU” AND ORECA PREMIUM SUBSCRIPTION
9.1 ORECA offer its Consumers a “E-CARTE CADEAU” editing service, which can be used exclusive on the Website OS, including the General Conditions of Sale and Use of the E-Gift Card Service available on the Website OS.
9.2 The ORECA PREMIUM subscription allows the subscriber Customer to benefit from advantages and services under the conditions detailed in the terms of subscription to the ORECA PREMIUM services accessible on the Website OS.
X RETENTION OF PROPERTY CLAUSE
Under French Law n°80.335 dated 12 May 1980, ORECA reserves title to the goods and products until full payment of its price and accessories. In the event of failure to pay all or part of the price on the due date for any reason whatsoever, ORECA reserves the right, without prior formalities, to materially recover possession of these products or goods at the Customer’s expense and risk.
XI INTELLECTUAL PROPERTY
All trademarks, figurative or not, and more generally any and all trademarks, illustrations, images and logotypes appearing on the products, their accessories and packaging, whether registered or not shall remain the exclusive property of the ORECA. Any reproduction, modification or use of the trademarks, illustrations, images and logotypes, in whole or in part, in any form or on any medium whatsoever, without the prior written consent of the ORECA is strictly prohibited. The same applies to any combination or conjunction with any other trademark, illustration, image, symbol and/or logotype and more generally any distinctive mark intended to form a logo composite as well as any copyright, design, model and patent which are the property of ORECA.
XII. PERSONAL DATA
As personal data controller, ORECA can collect personal data. In accordance with the French Freedom and Information Law of 6 January 1978 and the EU Regulation n°2016/679, the Customer shall have a right to access, rectify and oppose his or her personal data. To exercise this right, the Customer shall send a written request stating his/her name and address to the address dpo.ext@oreca.fr. ORECA invites you to refer to the Charter of persona data protection available on the Websites.
XIII. ACT OF GOD AND FORCE MAJEURE
13.1 ORECA’s obligations shall be suspended in the event of an Act of God or Force Majeure event, such as defined under French Law and caselaw, which would impede or delay the performance thereof. In this case, ORECA shall not be held liable and the Customer shall not be entitled to any damages whatsoever.
13.2 If ORECA’s obligations are suspended for more than 4 (four) consecutive months, the Customer shall have the possibility to cancel the order and ORECA shall reimburse such order.
XIV. GOVERNING LAW AND COMPETENT JURISDICTION
14.1Any dispute relating to or arising out of these General Terms and Conditions of Sale shall be submitted to French law to the exclusion of any conflict of laws rules and the 1980 Vienna Convention on International Sales of Goods.
14.2 Any claim arising out between ORECA and a Customer who, in compliance with the definition given by the preliminary article of the French Consumer Code, acts as a professional, shall be submitted to the commercial courts of Toulon (France).
14.3 In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, ORECA is a member of the FEVAD Ombudsman’s Service (Federation of e-commerce and distance selling) whose contact details are as follows : BP 20015 – 75362 Paris Cedex 8 – http://www.mediateurfevad.fr. After a prior written approach by consumers to ORECA, the Ombudsman’s Service may refer any consumer dispute that has not been settled.
14.4 The European Commission set up a dispute resolution platform in order to record claims from European consumers related to a purchase online and send them to the competent national mediators. This platform is available on this.
14.5 In case of discrepancy between the French and the English versions of the GTC, the French version shall prevail.
